The Washington Supreme Court has recently overturned a Spokane law, known as Proposition 1, that prohibited homeless encampments in most parts of the city. Despite the overwhelming voter support for the measure in 2023, the court found that it exceeded the legal boundaries of local initiatives. Nevertheless, the city’s previous camping ban, enforceable when shelters are not full, remains in place, as confirmed by Spokane’s Mayor Lisa Brown.
The decision has sparked criticism from some city council members, who have urged the council to swiftly implement the provisions of Proposition 1. They argue that while the justices ruled against implementation through a local ballot initiative, the city council still has the authority to enact such measures. Council members who opposed the proposition have expressed reservations about its efficacy and enforceability, advocating instead for comprehensive reform of Spokane’s camping ordinances.
Proposition 1, approved by 75% of Spokane voters in November 2023, aimed to ban homeless camping within 1,000 feet of parks, schools, and licensed daycares, covering most of the city. While popular among voters, the law has faced legal challenges and sparked political debate over its implications for homelessness management in the city. Legal actions against the proposition have argued that it infringes upon the city’s administrative powers and that crafting homelessness policies should remain within the city council’s jurisdiction.
The legal dispute reached the Washington Supreme Court, where justices ruled that the initiative was not a legislative action but rather an administrative one, as it sought to manage existing regulations rather than establish new policies. A dissenting opinion from two justices argued that Proposition 1 represented a significant change in city policy and should not be dismissed as merely administrative.
In the wake of the Supreme Court’s decision, calls for respecting judicial processes and the rule of law have emerged from local advocacy groups. These groups argue that proper legal channels must be observed in addressing homelessness and related policies. Meanwhile, political and legal challenges continue as the ACLU of Washington pursues a lawsuit contesting the law’s merits based on state constitutional grounds. The outcome of this legal battle could have widespread implications for the enforcement of similar laws across the state.
The ongoing debate highlights the complex issues surrounding homelessness and the balance between enforcement and providing adequate support services. Some city officials emphasize the importance of expanding treatment and housing services over strict enforcement of camping bans, calling for a more holistic approach to addressing homelessness in Spokane.